Immigration Law 101 Family Immigration Presentation by Todd

Immigration Law 101: Family Immigration Presentation by Todd Gallinger Law Phone: (949) 862 -0010 Fax: (949) 861 -6582 Email: tgallinger@gallingerlaw. com

Overview Q&A Who can bring a relative to the United States? – Citizens & Permanent Residents (Green Card) n What relatives can they sponsor? – Children, spouses, parents, siblings, and fiancés. n How long does it take? – The wait period varies depending on the relationship and immigration status of the sponsor. n What status do the family members end up with? – Permanent resident status (Green Cards) n

Immediate Relatives of Citizens No quota on # of visas, means no wait for visas other than processing time (generally 1 – 1 ½ years). n Applies to: – Spouses – Parents of Adult (over 21) – Minor children (under 21) n Downside – no Derivative Status n

Preference Categories Available to both US Citizens and Green Card Holders n Has quotas, wait from 5 -20 years, plus processing time. Times different for China, India, Mexico, and the Philippines n First Category: n – Unmarried Sons and Daughters (any age) of US Citizens – Wait approximately 6 ½ years

Preference Categories(Continued) n Second Category: – Spouses and Children (under 21) of Permanent Residents – Wait approximately 5 years – Unmarried sons and Daughters of Permanent Residents – Wait approximately 9 years

Preference Categories(Continued) n Third Category: – Married sons and daughters (any age) of US Citizens – Wait approximately 9 years n Fourth Category: – Siblings of US Citizens – Wait approximately 11 years

How to Apply n Petition – Form I-130 – Establishes relationship – Starts wait time for quota – Always filed in US w USCIS – USCIS Fees of $355

How to Apply n Application – – – Form I-485 Actual application for green card Can be filed in US or at consulates Normal processing time of 1 to 1 ½ years For “Immediate Relative”, filed same time as petition, for others, filed when petition is approved – USCIS Fees of $1010

How to Apply n Work Authorization – Form I-765 – Granted for “Immediate Relatives” while application in process – Approximately 3 months to process – No fee when filed with I-485

How to Apply n Travel Authorization – Advance Parole – Form I-131 – Allows entry to the US while application is pending – Granted for “Immediate Relatives” while application in process – Approximately 3 months to process – No fee when filed with I-485

“Fiancé” Visa n K-Visa – Form I-129 F – Available to fiancés and spouses – Faster processing at embassies, approximately 6 -8 months – Fee of $455 for fiancés, no fee when filed with I-130 for spouse

Tips & Tricks n Get your citizenship n Apply early & apply often n Chain to bring in more distant relatives n If want to bring family of immediate relative, may be better options

Presentation by: Todd Gallinger Law 20 Truman, Suite 109 Irvine, CA 92620 Phone: (949) 862 -0010 Fax: (949) 861 -6582 Email: tgallinger@gallingerlaw. com